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Pharmaceutical
Administration Law of the People's Republic of
China
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1985.07.01
STANDING COMMITTEE OF THE NATIONAL PEOPLE'S
CONGRESS
PHARMACEUTICAL ADMINISTRATION LAW OF THE
PEOPLE'S REPUBLIC OF CHINA
(Adopted at the Seventh Meeting of the Standing
Committee of the
Sixth National People's Congress and
promulgated by Order No. 18 of
the President of the People's Republic of
China on September 20,
1984, and effective as of July 1, 1985)
CHAPTER I GENERAL PROVISIONS
@@ Article 1. This Law is formulated
with a view to
enhancing the supervision and control
of pharmaceuticals,
ensuring their quality, improving their
curative effects,
guaranteeing safety in medication and
safeguarding the health of the
people.
@@ Article 2. The administrative department of health
under the
State Council shall be responsible
for the supervision and
control of pharmaceuticals throughout the
country.
@@ Article 3. The state shall
develop both modern and
traditional medicines and
give full play to their role in the
prevention and treatment of diseases and in
health care.
The state shall protect the resources
of wild medicinal
materials and encourage the domestic
cultivation of Chinese traditional
medicinal crops.
CHAPTER II ADMINISTRATION OF PHARMACEUTICAL
PRODUCING ENTERPRISES
@@ Article 4. The establishment of a
pharmaceutical producing
enterprise must be sanctioned
by the competent authorities for
the production and trading of
pharmaceuticals of the province,
autonomous region, or municipality
directly under the Central
Government in which the enterprise
is located, and approved by the
administrative department of health of the
same province, autonomous
region or municipality, which will
issue a Pharmaceuticals
Producer Licence. The administrative
authorities for industry
and commerce shall not issue business licences
to any enterprises
producing pharmaceuticals without the
Pharmaceutical Producer Licence.
The Pharmaceutical Producer Licence shall
have a period of validity,
upon expiration of which a new licence shall
be issued after an
examination for its
renewal. Detailed measures for the renewal
of
such licences shall be
stipulated by the administrative department
of health under the State Council.
@@ Article 5. To establish a
pharmaceutical producing
enterprise, the following requirements must
be met:
(1) It shall be staffed with the necessary
personnel required for
producing the medicines concerned, that is,
pharmacists or technical
personnel with a qualification equivalent
to or higher than
assistant engineer as well as skilled
workers.
If
an enterprise processing Chinese traditional medicines into
ready-to-use mixture and powder forms does
not have pharmacists or
technical personnel with a
qualification equivalent to or higher
than assistant engineer, it
shall be staffed instead with skilled
pharmaceutical workers who are
familiar with the properties of the
medicines processed and
are registered with the administrative
department of health at or above the county
level.
(2) It shall
have factory premises, facilities and a
sanitary
environment suitable for the medicines
produced.
(3) It shall
have a unit or competent personnel capable
of
inspecting the quality of the medicines
produced, as well as
necessary instruments and equipment.
@@ Article 6.
Pharmaceuticals must be produced in
accordance
with the technological procedure, and the
record of production must
be complete and accurate.
The process for preparing traditional
Chinese medicines in
ready-to-use forms must conform to the
Pharmacopoeia of the People's
Republic of China or the Processing
Norms stipulated by the
administrative departments of health of the provinces, autonomous
regions, or municipalities directly under
the Central Government.
@@ Article 7. The raw and supplementary
materials used for the
production of pharmaceuticals and
containers and packaging materials
in direct contact with pharmaceuticals must
conform to the requirements
for medicinal use.
@@ Article 8. Pharmaceuticals must go
through quality inspection
before they leave
the factory; products which do not meet the
standards shall not leave the factory.
@@ Article 9. Pharmaceutical producing
enterprises must draw up and
carry out rules and
regulations and sanitary requirements for
ensuring the quality of pharmaceuticals
in accordance with the
Standards for Quality
Control of Pharmaceutical Production
stipulated by the
administrative department of health under
the
State Council.
CHAPTER III ADMINISTRATION OF PHARMACEUTICAL
TRADING ENTERPRISES
@@ Article 10. The establishment of a
pharmaceutical trading
enterprise must be sanctioned by the local
competent authorities
for the production and trading of
pharmaceuticals and approved
by the administrative department of health
at or above the
county level, which will issue a
Pharmaceutical Trading Enterprise
Licence. The administrative authorities for industry and commerce
shall not issue business licences to any
enterprises without the
Pharmaceutical Trading Enterprise Licence.
The Pharmaceutical Trading Enterprise
Licence shall have a
period of validity, upon expiration of which a
new licence shall be
issued after an examination for
its renewal. Detailed measures
for the renewal of such licences shall be
stipulated by the
administrative department of health under the
State Council.
@@ Article 11. To establish a
pharmaceutical trading
enterprise, the following requirements must be
met:
(1) It shall be staffed with pharmaceutical
technicians qualified
for the handling of the pharmaceuticals.
If an enterprise trading in Chinese
traditional medicines or an
enterprise concurrently trading in
medicines does not have
pharmaceutical technicians, it shall be
staffed instead with
pharmaceutical workers who are familiar
with the properties of the
medicines it trades in and are registered with
the administrative
department of health at or above the county
level.
(2) It shall have business premises, equipment,
storage facilities
and a sanitary environment suitable for the
pharmaceuticals in which it
trades.
@@ Article 12. The quality of
pharmaceuticals must be
inspected on purchasing. Pharmaceuticals
that do not meet the
required standards must not be purchased.
@@ Article 13. It is imperative, in the sale of
pharmaceuticals,
to be accurate and free
of mistakes, and to provide correct
directions for use, dosage and
precautions. Prescriptions being
dispensed must be checked.
Pharmaceuticals listed in prescriptions
must not be presumptuously changed or
substituted. Prescriptions
containing incompatible substances or
excessive dosages shall be
rejected by the dispensary. If necessary, such
prescriptions can be
dispensed after they have been corrected or
re-signed by the doctors
who wrote them out.
When famous traditional Chinese medicinal
materials are offered for sale, their origin
must be indicated.
@@ Article 14. Rules for storage of
pharmaceuticals shall be
formulated and implemented by pharmaceutical warehouses,
which must
adopt necessary
measures to facilitate cold storage and
protection against moisture, insects and
rodents.
An inspection system shall be carried out
for pharmaceuticals
entering or leaving warehouses.
@@ Article 15. Unless otherwise
stipulated by the state,
traditional Chinese medicinal materials may be
marketed at urban or
rural fairs.
Pharmaceuticals other than traditional
Chinese medicinal materials
may not be sold at urban or rural fairs,
except by those who have
Pharmaceuticals Trading Enterprise Licences.
CHAPTER IV ADMINISTRATION OF PHARMACEUTICALS
AT MEDICAL UNITS
@@ Article 16. Medical units must be
staffed with pharmaceutical
technical personnel commensurate with
their medical functions.
Non-pharmaceutical technical
personnel may not engage directly in
pharmaceutical technical work.
@@ Article
17. To make medicinal preparations, a
medical unit
must be examined,
approved and issued a Dispensing Permit by
the
administrative department of health of
the province, autonomous
region, or municipality directly under the
Central Government in which
the unit is located.
The Dispensing Permit
shall have a period of validity, upon
expiration of which a new permit
shall be issued after an
examination for its renewal.
Detailed measures for the renewal of
such permits shall be stipulated by the
administrative department of
health under the State Council.
@@ Article 18. Medical
units making medicinal preparations
must be equipped with facilities,
inspection instruments and
sanitary conditions capable of ensuring the
quality of the preparations.
@@ Article 19. The quality of the
medicinal preparations made by
medical units must be inspected in
accordance with relevant
regulations and clinical needs. Those up to
standard can be used as
the doctor prescribes.
Medicinal preparations made by medical
units may not be sold on the
market.
@@ Article 20. Medical units must
implement a system of quality
inspection when purchasing pharmaceuticals.
CHAPTER V PHARMACEUTICAL ADMINISTRATION
@@
Article 21. The state encourages research on
and development
of new medicines.
When
working on a new medicine, it is necessary
to submit, as
required, the methods of
production, quality indices,
pharmacological and toxicological testing results, and other
related materials and sales to the
administrative department
of health under the State
Council or to the administrative
department of health of the relevant
province, autonomous region,
or municipality directly under
the Central Government. Clinical
tests or clinical verifications can be
carried out only after approval.
A new medicine which
has completed its clinical tests or
clinical verification and been
approved after appraisal shall
be issued a certificate by the
administrative department of
health under the State Council.
@@ Article 22. A new medicine can be
put into production only
after the administrative department of
health under the State Council
has approved it and issued a registered
document of approval. However,
this does not apply to the production of
traditional Chinese medicines
prepared in ready-to-use forms.
A medicine standardized by the state or by
a province, an autonomous
region, or a municipality
directly under the Central Government
shall be put into production only after
the administrative
department of health of the
relevant province, autonomous region,
or municipality directly under the
Central Government has made an
examination of the
medicine, given it approval and issued a
registered document of approval, seeking
beforehand the opinions of
the authorities at the
same level in charge of the production
and trading of
medicines. However, this does not apply to
the
production of traditional Chinese medicines
prepared in ready-to-use
forms.
@@ Article 23. Pharmaceuticals
must meet the pharmaceutical
standards of the state or those of the
relevant province,
autonomous region, or municipality directly under the Central
Government.
The Pharmacopoeia
of the People's Republic of China and the
pharmaceutical standards promulgated by the
administrative department
of health under the State Council shall be
the State pharmaceutical
standards.
The
Pharmacopoeia Committee of the administrative department
of
health under the State Council shall be
responsible for organizing the
formulation and revision of the state
pharmaceutical standards.
@@ Article 24. The administrative department of
health under the
State Council and administrative departments
of health of provinces,
autonomous regions, and municipalities directly under the Central
Government may
establish pharmaceuticals examination and evaluation
committees to carry
out examination and evaluation of new
medicines
and re-evaluate medicines already put into
production.
@@ Article 25. The administrative department of
health under the
State Council shall organize investigations
on medicines which have
been approved for production.
It shall revoke the registered
documents of approval if it
discovers that the medicines' curative
effects are uncertain or poor, or
that they produce serious adverse
reactions or for other reasons are harmful
to people's health.
Production and sale of the medicines whose
registered documents of
approval have been revoked
shall not be allowed to continue;
those which have already been
produced shall be destroyed or
disposed of under
the supervision of the local administrative
department of health.
@@ Article
26. Import of medicines whose curative
effects are
uncertain or poor, or which produce adverse
reactions or have other
harmful effects on people's health shall be
prohibited.
@@ Article 27. For any medicine which is to
be imported for the first
time, the importer
must submit the manuals, quality standards,
methods of
inspection and other related information and samples,
as
well as the exporting country's (region's)
certification
documents approving its production, to
the administrative
department of health under the State
Council, and import contracts
may be signed only with the prior approval
of the said department.
@@ Article 28.
Imported medicines must be inspected by the
pharmaceutical inspection
institutions authorized by the
administrative department of
public health under the State Council;
those having passed the inspection shall be
allowed to be imported.
Medicines to be imported in small
quantities for urgent clinical
needs by medical units or for personal
use shall be handled
according to customs regulations.
@@ Article 29. The administrative department of
health under the
State Council shall have the power to restrict or prohibit the
export of traditional Chinese medicinal
materials and prepared
Chinese medicines which are in short supply
in the domestic market.
@@ Article 30. Import Licences or Export Licences issued
by the
administrative department of health under
the State Council
are required for the import or export of
narcotics and psychotropic
substances falling within the
restricted scope prescribed by the
administrative department of health under
the State Council.
@@ Article 31. Newly
discovered domestic medicinal plants or
medicinal plants
introduced from abroad may be sold only after
they have been examined and approved by
the administrative
department of health of the
relevant province, autonomous region,
or municipality directly under the Central
Government.
@@ Article 32.
Measures for controlling medicinal materials
traditionally used
by local people in certain regions shall be
formulated by the administrative department
of health under the State
Council.
@@ Article
33. The production and sale of fake
medicines are
prohibited. A fake medicine has either of
the following characteristics:
(1) The names of its components are
different from those prescribed
for it by state pharmaceutical
standards or pharmaceutical
standards of the relevant province,
autonomous region, or
municipality directly under the Central
Government;
(2) A non-medical substance is passed off
as a medicine, or one
medicine is passed off as another.
A medicine shall be handled as fake
medicine in any of the following
cases:
(1)
Where the use of the medicine has been prohibited
by the
administrative department of health under
the State Council;
(2) Where the medicine produced
without being assigned a
registration
number;
(3) Where the medicine has deteriorated and
cannot be used as such; or
(4) Where the medicine has been
contaminated and cannot be used as
such.
@@ Article 34. The production and sale of
medicines of inferior
quality shall be prohibited. A medicine of inferior quality has
any of the following characteristics:
(1) The components of the medicine does
not conform in quantity
to that required by state pharmaceutical
standards or pharmaceutical
standards of the relevant province,
autonomous region, or
municipality directly under the Central
Government;
(2) The medicine has passed its expire date;
or
(3) The medicine fails to meet the
prescribed standards in other
respects.
@@ Article 35. Personnel in
pharmaceutical producing or
trading enterprises and in medical units,
who have direct contact
with medicines, must undergo an annual
medical examination.
Persons who have contracted contagious diseases
or any other
disease which may contaminate
the medicines shall not be
allowed to engage
in any work which has direct contact with
pharmaceuticals.
CHAPTER VI ADMINISTRATION OF PHARMACEUTICALS
AT MEDICAL UNITS
@@ Article 36. Packaging must
meet the specific quality
requirements of the
pharmaceuticals and facilitate their storage,
transportation and medical use. If
a medicine has a period of
validity, it must be clearly indicated on
the package.
Traditional Chinese medicinal materials
must be packaged
before transportation. There must appear
on the package the name of
the medicine, place of production, date,
name of the consignor, and an
indication showing that the quality of the
medicine is up to standard.
@@ Article 37.
Packages of pharmaceuticals must, in
accordance
with the regulations, be labeled and include
directions for use.
The label or directions must
indicate the name of the
medicine, specifications, the producer, registration number, batch
number of the
product, principal components, indications,
directions for use dosage,
contraindications, adverse reactions and
precautions.
Special indications must be printed as
required on the labels of
narcotics, psychotropic substances,
toxic drugs, radioactive drugs
and medicines for external use.
@@ Article 38.
A pharmaceuticals trading enterprise engaged
in the repackaging of medicines must
possess the necessary facilities
and sanitary conditions suitable for the
purpose, and pharmaceutical
technicians must be placed in charge of
this work. The repackaging
records must be complete and
accurate.
The repackaged medicine must enclose
directions for use, and on the
package must be indicated the name of the
medicine, specifications,
the producter, the batch number of the
product, the repackaging unit
and the lot number of
the repackaged product. If the medicine has
a
period of validity, it must also be
indicated on the new package.
CHAPTER VII PHARMACEUTICALS UNDER SPECIAL
CONTROL
@@ Article 39. The state
adopts special measures for the
control of narcotics, psychotropic
substances, toxic drugs and
radioactive drugs. Regulations for the
control of these drugs shall be
formulated by the State Council.
@@ Article
40. Narcotics, including their mother plants,
must
only be produced by units jointly designated
by the administrative
department of health under the State
Council and other departments
concerned, and must be
supplied by units jointly designated by the
administrative department of
health of provinces, autonomous regions,
and municipalities directly under the Central Government
and other
departments concerned.
CHAPTER VIII
ADMINISTRATION
OF
TRADEMARKS AND
ADVERTISEMENTS
OF PHARMACEUTICALS
@@ Article 41.
Registered trademarks must be used for all
pharmaceuticals with the exception of
traditional Chinese
medicinal materials and their preparations in ready-to-use forms.
The sale of pharmaceuticals without
completing trademark registration
shall be prohibited.
The registered trademark must appear on
the package and the label
of the medicine.
@@ Article 42. Advertisements of
pharmaceuticals must be
examined and approved by the administrative department of health
of the relevant province, autonomous
region, or municipality
directly under the Central Government. In
the absence of such
approval, advertisement of
any medicine may not be published,
broadcasted, handed out or posted on walls.
@@ Article 43.
Foreign enterprises which apply to
advertise pharmaceuticals in China must
submit relevant documents of
approval by the country (region) in which
the pharmaceuticals are
produced, directions for use and other
relevant materials.
@@
Article 44. Advertisements of pharmaceuticals must be
based
on the directions for use approved by
the administrative
department of health
under the State Council or the
administrative departments of health of
provinces, autonomous regions,
or municipalities directly under the Central
Government.
CHAPTER IX SUPERVISION OVER PHARMACEUTICALS
@@ Article 45. The administrative
departments of health at and
above the county level
shall exercise supervisory power over
pharmaceuticals.
The administrative departments of health
at and above the county
level may set up organs for the
administration of pharmaceuticals and
organs for the inspection of
pharmaceuticals.
@@ Article 46. There shall be
pharmaceutical inspectors
in the administrative departments
of health at and above the
county level. Pharmaceutical
inspectors shall be appointed from
among pharmacological technical personnel and
issued certificates by
the people's governments at the same level.
@@ Article 47. Pharmaceutical
inspectors are authorized to
exercise, in accordance with the
regulations, supervision,
inspection and sampling as
regards the quality of pharmaceuticals
in the producing enterprises, trading
enterprises and medical
units within their jurisdiction, and when
necessary may pick samples
at random and ask for relevant data
in accordance with
regulations. The enterprises and units
concerned may not refuse such
requests
or withhold relevant data. Pharmaceutical inspectors
are
duty bound to keep confidential the
technical information provided by
pharmaceutical producing enterprises and
scientific research
institutions.
@@ Article 48. Pharmaceutical
producing enterprises,
pharmaceutical trading enterprises
and medical institutions shall
conduct regular surveys on the quality,
curative effects and
adverse reactions of the pharmaceuticals
they have produced, traded
in or used.
When drug poisoning
is discovered, the medical institution
concerned must promptly report the matter to
the local administrative
department of health.
@@ Article 49. The organs or
personnel in charge of
pharmaceutical inspection in pharmaceutical producing enterprises
and pharmaceutical trading
enterprises shall receive operational
guidance from the local pharmaceutical
inspection organs.
CHAPTER X LEGAL RESPONSIBILITY
@@ Article 50. Whoever produces or sells
fake medicines shall
have his fake
medicines and unlawful income confiscated and
may
concurrently be fined;
in addition, he may be ordered to suspend
production or business operations
pending rectification, or have
his Pharmaceutical Producer Licence, Pharmaceutical
Trading
Enterprise Licence or Dispensing Permit
revoked.
An individual who produces or sells fake
medicines, or the person
directly responsible for a unit which
commits this offence, and
thereby endangers people's health, shall be
investigated for criminal
liability under Article 164 of the Criminal
Law.
@@ Article 51. Whoever produces or sells
medicines of inferior
quality shall have his medicines of
inferior quality and
unlawful income confiscated
and may be fined as well. If the
circumstances are serious, the unit
concerned shall be ordered
to suspend production or business
operations pending
rectification, or have its
Pharmaceutical Producer Licence,
Pharmaceutical Trading Enterprise Licence or
Dispensing Permit revoked.
An individual who produces or sells
medicines of inferior quality
or the person directly responsible for a unit which
commits this
offence, and thereby
endangers people's health and causes serious
consequences, shall be investigated for
criminal liability in
reference to the provisions of Article 164
of the Criminal Law.
@@ Article 52. Any unit engaged in the
production, trading or
preparation of medicines without
obtaining the Pharmaceutical
Producer Licence, Pharmaceutical Trading
Enterprise Licence or
Dispensing Permit shall be
ordered to suspend production, business
operations
or preparation of such medicines.
The medicines and
unlawful income shall all be confiscated and
a fine may also be imposed.
@@ Article 53. Whoever violates any other
provision of this Law
on the administration of pharmaceutical production and
pharmaceutical trading shall be served a
warning or be fined.
@@ Article 54. The decision
to mete out administrative
sanctions stipulated in this Law shall be
made by the administrative
departments of health at or above the county level. The
decision to mete
out administrative sanctions for violations
of
the provisions of Article 15 or
of CHAPTER Eight on administration
of advertisements of this Law shall be made
by the administrative
departments for industry and commerce.
Punishment by
suspension of production or business operations
pending rectification for seven days or
more, or revocation of the
Pharmaceutical Producer Licence or Pharmaceutical
Trading Enterprise
Licence to be meted
out to pharmaceutical producing enterprises or
pharmaceutical trading enterprises directly
under the jurisdiction of
the Central Government or of the
people's governments of
provinces, autonomous regions, or
municipalities directly under
the Central Government, shall be submitted by
the administrative
department of health of the relevant
province, autonomous
region, or municipality directly under the
Central Government to the
people's government at the same level for
final decision. Punishment by
suspension of
production or business operations for seven
days or
more, or revocation
of the Pharmaceutical Producer Licence or
Pharmaceutical Trading Enterprise Licence, to be meted out to
pharmaceutical producing enterprises or
pharmaceutical trading
enterprises
under the jurisdiction of people's governments at
or
below the city or county
level, shall be submitted by the
administrative department of health of the
people's governments at or
below the city or county level to the
people's governments at the
same level for final decision.
The confiscated
pharmaceuticals shall be disposed of under
the
supervision of the administrative
departments of health.
@@ Article 55. If
the party concerned does not accept the
administrative sanction decided on, it
may file a suit in the
people's court within 15 days
after receiving notification of the
sanction. However, the said party must immediately carry out
the
decision on the control of pharmaceuticals
made by administrative
department of health. If the party neither
complies with sanction nor
files a suit within the time limit, the
organ which made the decision
on the administrative sanction shall apply
to the people's court for
compulsory execution.
@@ Article 56. If any individual or unit,
in violation of this Law,
causes drug poisoning, he or it shall be
liable for the damage. The
victims may
request the administrative department of health at
or
above the county level to handle the matter;
the party which does
not accept the decision may file a suit in
the people's court. The
victims, too, may directly bring the case to
the people's court.
The claim for compensation must be made
within a year from the day on
which the victim or his representative is
aware or should have been
aware of the damage
done. No claim for compensation shall be
entertained beyond the time limit.
CHAPTER XI SUPPLEMENTARY PROVISIONS
@@
Article 57. For the purpose of this Law, the definitions
of the following terms are:
" Pharmaceuticals " means articles
intended for use in the
prevention, treatment or diagnosis of
human diseases, or
intended to effect the purposive
regulation of human
physiological functions, for which
indications, usage and dosage
are prescribed, including raw traditional
Chinese medicinal materials,
traditional
medicines prepared in ready-to-use forms
and other
prepared Chinese medicines, medicinal
chemicals and their preparations,
antibiotics, biochemical medicines,
radioactive drugs, serums, vaccines,
blood products, diagnostic aids, etc.
" New medicines " means medicines which
have not been produced
in this country before.
" Supplementary materials " means the
excipients and additives used
for the production and dispensing of
pharmaceuticals.
" Pharmaceutical
producing enterprise " means an enterprise
exclusively or partly engaged in the
production of pharmaceuticals.
" Pharmaceutical trading enterprise
" means an enterprise
exclusively or partly engaged in the trading
of pharmaceuticals.
@@ Article 58. The production of
pharmaceuticals referred to in
this Law does not include the cultivation,
collection and breeding of
all categories of medicinal materials used in traditional
Chinese
medicine.
@@ Article 59. The administrative department of
health under the
State Council
shall, pursuant to this Law, draw up
measures for its implementation, which
shall enter into force
after being submitted to and approved by the
State Council.
Measures for the control of
pharmaceuticals specially needed by the
Chinese People's Army shall be formulated
by the competent military
department of the state.
@@ Article 60. This Law shall enter into
force as of July 1, 1985.
© 2003 China AIDS Survey Monterey, California
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